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Wednesday, July 13, 2011

STATE OF NEW JERSEY VS. WEIL A-5999-09T4 07-05-11

07-05-11 STATE OF NEW JERSEY VS. KAREN WEIL A-5999-09T4

In this appeal, defendant urges us to revisit State v. Bringhurst, 401 N.J. Super. 421 (2008), and hold, in essence, that a defendant who files a Laurick post-conviction relief petition to obtain relief from enhanced penalties for driving while intoxicated based on a purported uncounseled prior DWI conviction is absolved from establishing a prima facie case for relief where her time delay has resulted in destruction of most of the records pertaining to the prior conviction. We decline to do so and affirm defendant's conviction.